Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-15946
|
Center for Biological Diversity v. Export-Import Bank of the U.S.
Judgment affirmed where plaintiff fails to establish redressability even under relaxed standards. |
Environmental Law |
|
J. Gritzner | Jun. 29, 2018 |
A148711
|
Modification: Mateel Environmental v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' |
Environmental Law |
|
J. Kline | Jun. 25, 2018 |
B284300
|
World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions. |
Environmental Law |
|
A. Collins | Jun. 15, 2018 |
B282466
|
County of Ventura v. City of Moorpark
Settlement agreement that constitutes action necessary to mitigate emergency is exempt from CEQA per statutory exemption. |
Environmental Law |
|
M. Tangeman | Jun. 13, 2018 |
17-269
|
Washington v. United States
The judgment of the 9th U.S. Circuit Court of Appeals was affirmed by an equally divided Court, with Justice Anthony Kennedy not taking part in consideration of the case. |
Environmental Law |
|
P. Curiam (USSC) | Jun. 12, 2018 |
A148711
|
Mateel Environmental etc. v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' |
Environmental Law |
|
J. Kline | Jun. 7, 2018 |
C082828
|
Alliance for Calif. Business v. State Air Resources Bd.
Plaintiffs who sought to invalidate a state regulation lacked subject matter jurisdiction, where state Air Resources Control Board regulation had been adopted by EPA and become federal law. |
Environmental Law |
|
R. Robie | May 31, 2018 |
A144782
|
Jensen v. City of Santa Rosa
City not required to conduct an CEQA analysis where complaining parties unable to substantiate their noise impact claims. |
Environmental Law |
|
J. Streeter | May 30, 2018 |
16-56558
|
California Dept. of Toxic Substances Control v. Westside Delivery
Purchaser of tax-defaulted, contaminated facility is in 'contractual relationship' with prior owner for purposes of CERCLA's third-party affirmative defense. |
Environmental Law |
|
S. Graber | Apr. 30, 2018 |
F075362
|
Monsanto Co. v. Office of Environmental Health Hazard Assessment
A state's reliance on a branch of the World Health Organization's expertise was not an unconstitutional delegation of authority, so pesticide manufacturer's argument was unable to prevent having its pesticide listed under California's Proposition 65. |
Environmental Law |
|
B. Hill | Apr. 23, 2018 |
A151184
|
Rodeo Citizens Assn. v. County of Contra Costa
Refinery project proposal's description was accurate, since substantial evidence indicated that the project complied with the requirement under CEQA |
Environmental Law |
|
S. Pollak | Apr. 16, 2018 |
15-56337
|
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. |
Environmental Law |
|
S. Ikuta | Apr. 10, 2018 |
17-35462
|
National Wildlife Federation v. National Marine Fisheries Service
Injunctions affirmed in part where plaintiff effectively shows that it is 'likely to suffer irreparable harm' in absence of injunction. |
Environmental Law |
|
S. Thomas | Apr. 3, 2018 |
15-17447
|
Amended Opinion: Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. |
Environmental Law |
|
D. Nelson | Apr. 2, 2018 |
B281089
|
Greenfield v. Mandalay Shores Community Assn.
'Development,' as used within California Coastal Act, is defined broadly, extends to homeowner's association's short-term rental ban, supports preliminary injunction. |
Environmental Law |
|
K. Yegan | Mar. 29, 2018 |
B279590
|
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ |
Environmental Law |
|
D. Perluss | Mar. 26, 2018 |
15-56483
|
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. |
Environmental Law |
|
M. Christen | Mar. 21, 2018 |
15-56483
|
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. |
Environmental Law |
|
M. Christen | Mar. 8, 2018 |
15-56672
|
California Sea Urchin Commission v. Bean
U.S. Fish and Wildlife Service's cessation of sea otter relocation program in harmony with goals of the Endangered Species Act reasonable under 'Chevron' |
Environmental Law |
|
R. Gould | Mar. 2, 2018 |
H042854
|
Aptos Residents Association v. County of Santa Cruz
Project involving 13 small, scattered microcell transmitters properly deemed as within categorical exemption to CEQA environmental review requirements. |
Environmental Law |
|
N. Mihara | Mar. 1, 2018 |
16-35571
|
Native Ecosystems Council v. Marten
Dissolution of injunction affirmed where agency descriptions in its Environmental Impact Statement show that agency took hard look at project. |
Environmental Law |
|
W. Fletcher | Feb. 23, 2018 |
A134419
|
Modification: City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. |
Environmental Law |
|
M. Rivera | Feb. 8, 2018 |
F074003
|
John R. Lawson Rock & Oil, Inc. v. State Air Resources Board
The timing requirement necessitates that a public agency may not approve a project prior to full compliance with CEQA |
Environmental Law |
|
J. Detjen | Feb. 5, 2018 |
15-17447
|
Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. |
Environmental Law |
|
D. Nelson | Feb. 5, 2018 |
F074118
|
Visalia Retail, LP v. City of Visalia
Contention that land use limit on retail store size would result in urban decay does not support fair argument that significant effects on the environment will result. |
Environmental Law |
|
C. Poochigian | Feb. 1, 2018 |
A141299
|
Communities for Better Environment v. State Energy Resources Conservation and Development Commission
Where request for declaratory judgment as to constitutionality of narrow judicial review provisions does not depend on particular factual basis, dismissal on ripeness grounds inappropriate. |
Environmental Law |
|
J. Kennedy | Jan. 24, 2018 |
16-299
|
National Association of Manufacturers v. Department of Defense
Rule defining terms of Clean Water Act not within category requiring challenges to effluent limitation rules be brought in federal appellate court. |
Environmental Law |
|
S. Sotomayor | Jan. 23, 2018 |
A148993
|
City of Long Beach v. City of Los Angeles
Under the California Environmental Quality Act, an environmental impact report must analyze reasonably foreseeable indirect physical changes in the environment which may be caused by a construction project. |
Environmental Law |
|
S. Pollak | Jan. 17, 2018 |
A143985
|
Heron Bay Homeowners Association v. City of San Leandro
Not abuse of discretion to award attorney fees under public interest litigation statute where plaintiffs brought suit arguably for private financial interest. |
Environmental Law |
|
M. Rivera | Jan. 16, 2018 |
A134419
|
City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. |
Environmental Law |
|
M. Rivera | Jan. 10, 2018 |